REPORT TO THE BOARD OF TRUSTEES OF THE PENNSYVLANIA STATE UNIVERSITY ON THE FREEH REPORT’S FLAWED METHODOLOGY & CONCLUSIONS JUNE 29, 2018 Edward B. Brown, IIL Barbara L, Doran Robert C, Jubelirer Anthony P. Lubrano Ryan J. McCombie William F, Oldsey Alice W. Pope Trustees of The Pennsylvania State University Duly Elected by Its Alumni CONFIDENTIALTABLE OF CONYEN Executive SumMaty sree Reasons for Undertaking the Review of Freeh Source Documents B.L. Board of Trustees breach of fiduciary duty resulting in herm to the University B.2. Penn State President Brie Barton’s decision to review the Freeh Report. B3, Federal high security clearance investigation of former Penn State President Graham Spanier determines Spanier’s innocence in Sandusky matter... B. 4. Challenges to the Freeh Report Background and History .... C.1. Louis Freeh hired to conduct an independent investigation following ndictment of Jerry Sandusky, .ssessee C2, Freeh Report used by NCAA... C.3, Paterno family commissioned expert review of Freeh Repor C4, Commonwealth of PA Senate Majority Leader Jake Corman suit resulted early removal of NCAA sanctions, C.5. Alumni response C6, Alumni-elected Trustees accessed Freeh Source Materials... Methodology for our Review...udn D.l, Interviews... i 13 D.2. Documents reviewed by the Freeh Group ... ese D.3. Documents generated by the Freeh investigation... 14 D4. Contextual reports.. CONFIDENTIALCritiques of Freeh Investigative and Reporting Methodology ss..sessnn E.1. Interviews: Flawed investigative, analytic, and reporting methodology... E.2. Independence of the investigation: COMPROMISEL E.3. Report release. E4. Summary and conelusions.. Documentary Evidence Regarding Major Conclusions of Freeh Report win... FL. Spanier, Schultz, Paterno and Curley repeatedly concealed critical facts relating to Sendusky’s child abuse. Motivation: “To avoid the consequences of bed publi Cause: “A striking lack of empathy for child abuse victim” F4, Cause: Sandusky’s retirement... F.5, Cause: “A cultural reverence for the football progratt’ wu. sscsuuns 58 F.6, Summary and final conclusions: Are the major conclusions in the Frech Report supported by the results of their investigation? ..... 64 Why Would This Report be so Deficient? Sources of Bias...:c. G.1, Investigator bias from the outset of the investigation. G.2. Pennsylvania Office of Attorney General .. G3. NCAA conflict of interest: “Image-conscious”.... G4, Froeh’s conflict of interest: Wanting to be NCAA’s “go to investigators” vcsuT3 G.5. Reliance on sources with poor eredibility. sou G6. Freeh Group’s media sensitivity... G.7,_ Governor Corbett’s conflict of interest: “Thumb on the soale”..... G8. Penn State Board Vice Chair John Surma’s conflict of interest Motivated by revenge?. CONFIDENTIAL,